 But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or...  The New York Supplement - Page 4211891Full view - About this book
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...between the same parties is upon a different claim or demand, the judgment in the former action operates as an estoppel only as to those matters in issue or...where it is sought to apply the estoppel of a judgment upon one cause of action to matters arising upon a suit upon a different cause of action, the inquiry... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1914 - 768 pages
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...apply the estoppel of a judgment rendered upon one cause of action to matters arising upon a different cause of action, the inquiry must always be as... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1894 - 722 pages
...different claim or demand, but between the same parties, the judgment in the prior action operates as an estoppel only as to those matters in issue or...apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1908 - 718 pages
...claim or cause of action in this suit, there is no question that the former judgment is an estoppel as to those matters in issue or points controverted upon the determination of which the decree was rendered. Cromwell v. County of Sac, 94 US 351 ; Equitable Trust Co. v. Fisher, 106 111.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1959 - 820 pages
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always... | |
 | United States. Court of Claims - Law reports, digests, etc - 1934 - 914 pages
...between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted.' " It is true that the validity of the patent was settled by the former suit, and, as well, the issue... | |
 | United States. Patent Office - Copyright - 1964 - 972 pages
...based on facts not of record before us and as such to remove the element of conjecture from the case. those matters In issue or points controverted, upon...determination of which the finding or verdict was rendered." Cromwell v. County of Sac, supra, 853. And see Russell v. Place, 94 US 606; Southern Pacific R. Co.... | |
 | Robert Dewey Benedict, Benjamin Lincoln Benedict - Law reports, digests, etc - 1882 - 776 pages
...rule is well stated by Mr. Justice Field (Cromwell v. County of Sac, 94 U. 8. 352) : " In all cases where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always... | |
 | Law - 1877 - 558 pages
...the judgment in the prior action operates as an estoppel only as to those matters in issue or pointa controverted, upon the determination of which the finding or verdict was rendered. In this case, which was an action against a county in Iowa upon certain interest coupons originally attached... | |
 | William Wait - Actions and defenses - 1879 - 1002 pages
...between the same parties, upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or...determination of which the finding or verdict was rendered. Cromwell v. County of Sac, 94 US (4 Otto) 351. See antt, p. 679, tit. Estoppel. ยง 3. What judgments... | |
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